Karnataka High Court
WP/28971/2026 of SRI.MURTHY.K, Vs THE ASSISTANT EXECUTIVE ENGINEER, on 24 September 2026
CNR: KAHC010628172026 NC: 2026:KHC:53114 WP No. 28971 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28971 OF 2026 (GM-CPC) BETWEEN: 1. SRI. MURTHY. K, S/O. KRISHNAPPA, AGED ABOUT
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 28971 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI. MURTHY. K,
S/O. KRISHNAPPA,
AGED ABOUT 57 YEARS,
R/AT NO.3091,
1ST CROSS ROAD,
NEAR KATTRIGUPPE WATER TANK,
VHBCS LAYOUT,
BANASHANKARI 3RD STATGE,
BENGALURU - 560 085.
…PETITIONER
(BY SMT. SUMATHI S., ADVOCATE)
AND:
1.
THE ASSISTANT EXECUTIVE ENGINEER,
BESCOM, HAROHALLI SUB-DIVISION,
HAROHALLI TALUK,
BENGALURU SOUTH DISTRICT - 562 112.
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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2.
THE PANCHAYATH DEVELOPMENT OFFICER,
CHEELURU GRAMAPANCHYATH,
MARALAVADI HOBLI,
HAROHALLI TALUK.
BENGALURU SOUTH DIST - 562 112.
…RESPONDENTS
(VIDE
O/D
24.09.2026
NOTICE
TO
RESPONDENTS
IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS I. ISSUE A WRIT, DIRECTION OR ORDER IN
THE NATURE OF CERTIORARI BY QUASHING THE ORDER DT
28-08-2026 PASSED BY THE II ADDL., CIVIL JUDGE AND JMFC, KANAKAPURA IN O.S NO. 448/2026 ON I.A NO.2 VIDE
ANNEXURE-A, AND ETC,.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
This petition is filed impugning the order dated 28.08.2026 passed by the II Additional Civil Judge and JMFC, Kanakapura (for short, ‘the trial Court’), whereby notice has been issued on I.A. No.II filed under Order XXXIX Rules 1 and 2 of the CPC, declining to grant an ex parte ad interim temporary injunction and also issuing notice in the suit.
2. The petitioner instituted O.S. No.448/2026 seeking the relief of permanent injunction and filed an application under Order XXXIX Rules 1 and 2 of the CPC, seeking an order restraining the defendants from disconnecting the electricity connection provided to the suit schedule property. The trial Court, by the impugned order, recorded that the defendants were required to be heard before considering the application and, accordingly, directed issuance of notice.
3. Learned counsel appearing for the petitioner submits that the plaintiff is running a paying guest accommodation in the schedule property and that, if the electricity connection is disconnected, it would cause irreparable hardship not only to
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the plaintiff but also to the occupants of the paying guest accommodation.
4. Considered the submissions made and perused the pleadings.
5. Considering the limited nature of the interference proposed by this Court, notice to the respondents is dispensed with.
6. The defendants/respondents herein are restrained from disconnecting the electricity connection provided to the suit schedule property until consideration of I.A. No.II filed under Order XXXIX Rules 1 and 2 of the CPC in O.S. No.448/2026, pending before the trial Court.
7. The trial Court is directed to consider I.A. No.II expeditiously and dispose of the same within two months from the next date of hearing. With the above observations, the writ petition stands disposed of.
Sd/- (K. V. ARAVIND) JUDGE
DDU/List No.: 1 Sl No.: 45